Environmental regulations in the construction industry continued to change this year, primarily driven by the global push for sustainability and environmental friendliness.
Because construction accounts for 37% of global emissions, more effort is being put into adopting regulations to protect the environment (including hazardous waste disposal).
Regulatory frameworks such as green building codes, sustainability certification programs like LEED, and consistent updates to the RCRA have been written to provide guidelines for construction companies on how to protect their business while preserving the environment.
To help construction companies, we wanted to highlight some of the most common hazardous wastes found on project sites and the government regulations regarding their handling, management, and disposal.
2024 Environmental Regulations for the Construction Industry
Construction sites that produce hazardous waste materials should be aware of the environmental regulations surrounding them to avoid heavy fines.
In Massachusetts, a construction company was fined over $50,000 for a home project where they didn’t properly notify the government of their work with asbestos. Another was fined $180,000 for lead-based paint and repair regulations.
Depending on the size of your project, one of these large government fines could cost you any profits you’d make or, worse yet, cause your business to collapse.
Here are the most common environmental regulations for the construction industry. It’s also important to note that states and local jurisdictions may follow additional rules, so please stay informed as much as possible.
Asbestos
Most often found in older buildings, asbestos is highly toxic and can cause respiratory illnesses, including lung cancer.
If disturbed during construction or demolition, asbestos fibers become airborne, posing a significant health risk to workers and the surrounding community.
Government Regulations on Asbestos
Several federal laws, including those of the Environmental Protection Agency and the Occupational Safety and Health Administration, strictly regulate the handling and disposal of asbestos.
The EPA utilizes numerous laws to regulate asbestos. For example, the Clean Air Act regulates asbestos as a hazardous air pollutant, and the Safe Drinking Water Act sets standards and oversees drinking water.
There is also The National Emission Standards for Hazardous Air Pollutants (NESHAP) which requires that demolition and renovation projects involving asbestos must follow specific guidelines to prevent fiber release into the environment
OSHA sets workplace safety standards for asbestos exposure. These regulations require employers to protect workers from asbestos by providing training, personal protective equipment, and safe work practices.
OSHA’s asbestos standard also limits the amount of asbestos fibers in the air and outlines safe removal and disposal procedures.
Resource Conservation and Recovery Act (RCRA) regulates the disposal of asbestos waste as hazardous waste.
Under the RCRA, asbestos waste must be transported by certified hazardous waste handlers and disposed of in government-approved hazardous waste landfills
Failure to comply with RCRA guidelines typically results in fines and other penalties.
Lead-Based Materials
Banned in 1978 for paint, lead is also found in pipes and other building materials. Construction sites must be aware that lead is toxic if ingested or inhaled.
Improper handling or disposal of lead can contaminate soil and water sources, leading to severe health problems, such as lead poisoning.
Government Regulations on Lead-Based Materials
EPA’s Lead Renovation, Repair, and Painting (RRP) Rule applies to contractors performing renovation, repair, or painting work in buildings constructed before 1978 where lead-based paints are likely to be present.
The rule requires contractors to be certified, follow specific lead-safe work practices, and ensure that waste is properly contained and disposed of.
The Toxic Substances Control Act (TSCA) mandates the control and abatement of lead-based hazards for lead-contaminated paint, dust, and soil, including during construction projects.
Under this regulation, lead is classified as a toxic substance, and proper protocols must be followed for its removal and disposal.
OSHA enforces regulations that limit workers’ exposure to lead in construction.
The Lead in Construction Standard (29 CFR 1926.62) outlines permissible exposure limits (PELs) and requires employers to provide respirators, protective clothing, and medical monitoring for employees working with lead.
OSHA also mandates that employers develop a compliance plan when lead is present, ensuring that workers are educated about the risks and provided with proper safeguards.
The Resource Conservation and Recovery Act (RCRA) classifies lead-containing waste as hazardous when certain thresholds are met. Those thresholds may be complicated to figure out on your own, so it’s important to contact hazardous waste specialists to ensure you do not dispose of lead-based products illegally.
Facilities that dispose of or treat lead-based waste must be licensed explicitly under RCRA regulations
Mercury
Mercury is one of the more dangerous wastes on this list. It is most dangerous when airborne or in waterways. Commonly found in lighting fixtures and electrical switches, mercury can bioaccumulate in fish and wildlife, eventually affecting humans when eating.
Government Regulations on Mercury Disposal
Under the RCRA, mercury is classified as hazardous, and construction companies must follow strict storage, transport, and disposal protocols. Mercury must be in properly labeled containers and sealed tightly to prevent leakage.
Facilities that dispose of or recycle mercury-containing items must be certified to handle hazardous waste
The CAA regulates mercury emissions, particularly mercury vapor released during construction and demolition.
The Mercury-Containing and Rechargeable Battery Management Act, part of the TSCA, explicitly addresses the proper disposal of mercury in products like thermometers and lighting. Always avoid throwing away mercury-based lights in the garbage, as when they break, they can potentially leak dangerous materials into the air.
Mercury-containing items like fluorescent light bulbs are classified as universal waste under the EPA’s Universal Waste Rule.
This regulation allows for more accessible collection and recycling of hazardous waste like mercury. However, construction companies still need to follow specific guidelines for safely handling and disposing of these items
Solvents and Paint Thinners
These chemicals are used for cleaning and preparing surfaces and often contain volatile organic compounds (VOCs) that can contribute to air pollution and pose a fire hazard if not handled and disposed of correctly.
Government Regulations on Solvents and Paint Thinners
Under the RCRA, solvents and paint thinners are classified as hazardous waste when they exhibit ignitability, corrosivity, reactivity, or toxicity.
Because of this, construction companies must comply with RCRA regulations for the storage, transportation, and disposal of these chemicals. Dumping them into drains or landfills typically results in severe penalties.
Proper ventilation must be provided on every construction site because many solvents and paint thinners contain VOCs. These contribute to the formation of ground-level ozone, a harmful air pollutant.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
CERCLA, also known as Superfund, provides guidelines for the cleanup of hazardous substances, including solvents and paint thinners, in cases of contamination.
Companies responsible for improper disposal of these chemicals may be liable for cleanup costs under CERCLA.
Workers on the job must be equipped with PPE, gloves, respirators, and training on safe handling practices to prevent exposure to fumes.
Need Help Getting Rid of Hazardous Waste on Your Construction Site?
With decades of experience handling hazardous waste, the experts at HWH Environmental are ready to help you and your team dispose of all of the waste on your construction site. Our nationwide logistics team allows for expedited service when you need it most.
To get started, simply request a free quote online or call us at 877-777-6708.
